Criteria for bail at appellate stage 904 7. Bail petition can be rejected to avoid hurdles in investigation 96 30. Jail authorities to comply with bail orders without raising hypertech-nical objections 309 308. Demanding cash security from accused—whether permissible? This is a written promise signed by the defendant saying that you will appear before a judge on the given date and will not involve in any illegal activities. Bail pending appeal not to be decided on same standard as that for appeal itself 909 14. Cancellation of anticipatory bail 514 140. Scope of section 321 4.
Not using power to cancel in appropriate cases will reduce it into dead letter 615 85. Preconditions of Pre-arrest Bail under Bailable Offenses Gravity of the offense — The gravity of the offense does not affect the pre arrest bail. · There is a requirement of submitting the form Form 45 given in the second schedule of Cr. Personal bond and surety-discretion in bailable offence 41 34. Excessive bail ought not to be required. On the other hand, it is also proper, in setting a higher bail figure, to take into consideration the fact that at the time of arrest the accused was a fugitive from justice, or the fact that the defendant has previously absconded while under indictment.
J 950 Del ; Pradeep Kumar Soni V State 1990 Cr. . Stone's Justices' Manual suggests that magistrates announce any decision to refuse bail merely by relating the grounds and statutory reasons in short form. No cancellation of bail on past criminal record 626 99. Evaluation of whether applicant is likely to abscond 581 41. Bail under Unlawful Activities Prevention Act, 1967 247 226.
Single bond by accused and sureties not contemplated 838 15. In India, the power to grant anticipatory bail has been provided to Supreme Court, High Court and Sessions Court. The matter is generally one for the sound discretion of the trial court. The crimes that are bailable and simple, you will be allowed to apply for bail immediately. Seeking bail on ground of being handicapped in defending due to cus-tody 307 301. No need to insist for separate application for copy of order 533 173. Object of section 904 5.
Later part of the Cr. The Bail Reform Act of 1966 provides for the release of defendant on his personal recognizance or upon execution of an unsecured appearance bond in an amount specified by the judicial officer before whom he appears, unless the officer determines, in the exercise of his discretion, that such release will not reasonably assure the appearance of defendant as required, in which event specified conditions of release which will reasonably assure defendant's appearance for trial may be imposed. In a serious case effective interrogation of suspected person is of tremendous advantage in disinterring many useful information and also materials which would have been concealed. Proceeding for realisation of penalty from sureties without passing order for imposing penalty 878 11. Cancellation of bail on re-appreciation of evidence 640 115.
The accused interferes with the course of the investigation. After order of bail, accused should not be detained longer than re-quired 295 268. The grounds on which the belief of the applicant is based that he may be arrested for a non- bailable offence, must be capable of being examined by the court objectively, because it is then alone that the court can determine whether the applicant has reason to believe that he may be so arrested. But no hard-and-fast rules for determining what is reasonable bail and what is excessive bail have been laid down. This video is part of the 'Hamara Kanoon' project which is a year long project to explain some main laws in simple language.
Surrender to High Court for remand to judicial lock—up 768 215. One has to lodge a complaint with the police detailing the conduct of the accused pointing out the violation of the terms of the bail as fixed by the court before approaching the court for cancellation of bail. First proviso to Sub-section 1 —nature of sickness therein 133 81. In case of a bank failure, the proposed corporation will also provide deposit insurance up to a certain limit, which has not been specified. Cancellation of bail on representation made to Chief Minister 636 108.
The Bill is now with the Joint Parliamentary Committee. In determining the amount of bail, voluntary surrender may be considered as an indication that the defendant has no intention of absconding from justice. Different considerations for bail before and after conviction 907 9. However, for that the Court has power to impose any condition which it considers necessary. Cancellation of bail under S.
In such cases, a person should consult a top criminal lawyer who will help him in getting anticipatory bail. Cash security cannot be demanded 855 56. The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days. Cancellation of bail granted under S. Protection of liberty of individual cannot be absolute 808 285. In other words, till the bail application is disposed of one way or the other the court may allow the accused to remain on anticipatory bail.
Court not to express opinion on merits or demerits of case 155 109. Nature of proof required for cancellation of bail 189. Black's Law Dictionary 177 4th ed. Your background or criminal records would be checked out. It the charge is a meager one, you can immediately apply for bail else if its a complex one, you might have to wait for around 24 hours before you could apply for it. Courts should take a balanced view in bail matters 121 58.